Smith v Impero Pacific Group Pty Ltd t/as Impero Constructions [2024] NSWSC 1234

Supreme Court New South Wales

Medium Neutral Citation: Smith v Impero Pacific Group Pty Ltd t/as Impero Constructions [2024] NSWSC 1234 Hearing dates: 26 September 2024 Date of orders: 26 September 2024 Decision date: 26 September 2024 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Proceedings stayed until the plaintiff pays into Court the sum of the adjudication determination Catchwords: BUILDING AND CONSTRUCTION – adjudication – adjudicated amount – where plaintiff commenced these proceedings seeking to quash an adjudication determination – where first defendant registered adjudication certificate – where judgment now entered against plaintiff – where first defendant seeks stay of these proceedings until plaintiff pays into Court the adjudicated amount – where plaintiff has no present ability to pay amount into Court – where plaintiff's assets exceed her liabilities – where secured creditor in possession and about to exercise power of sale over plaintiff's principal assets Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: Nazero Group Pty Limited v Top Quality Construction Pty Limited [2015] NSWSC 232 Surfabear Pty Ltd v GJ Drainage & Concrete Construction Pty Ltd [2009] QSC 308 Tombleson v Dancorell Constructions Pty Limited [2007] NSWSC 1169 Category: Procedural rulings Parties: Samantha Smith (Plaintiff/Respondent) Impero Pacific Group Pty Ltd trading as Impero Constructions (First Defendant/Applicant) John O'Brien (Second Defendant) Representation: Counsel: M Sheldon / J M Kadar (Plaintiff/Respondent) F Hicks SC (First Defendant/Applicant)